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Case Study

LTB Order on Illegal Retention of Money - Serfaty v Arruda

Case LTB-T-068185-22 Decision Summary

🕑 Case timeline

Application Date: Date not provided

Hearing Date: June 28, 2022 and November 2, 2023

Order Issued: 2023-11-15

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-068185-22
Address: 678 Adelaide Street W, Toronto M6J1B1
Form Used: Not specified
Served By: Landlord's Agent
Amount Awarded: None, application dismissed
Decision In Favor: Landlord
Application Type: Application for determination of illegal retention of money
RTA Sections: Residential Tenancies Act, 2006

👥 Parties involved

Landlord: Maria Martins
Landlord Rep: Fatima Arruda
Tenant: Nicole Serfaty, Jordan Collett
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: illegal retention of money, security deposit, rent deposit, post-dated cheque

⚖️ Decision summary

Application dismissed as Tenants did not prove their case.
No amount awarded to Tenants.

⚠️ Dispute summary

Dispute over half month's rent deposit and a $500 security deposit.
Tenants decided not to rent after issues with post-dated cheque.

📑 Findings & determinations

Adjournment request by Landlord denied.
Tenants failed to prove allegations on balance of probabilities.

💡 Summary points

Tenants claimed illegal retention of last month's rent deposit.
Landlord's Agent testified on efforts to re-rent and return deposits.
Application dismissed due to lack of proof from Tenants.
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🧑‍⚖️ Same adjudicator

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